As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, May 1, 2018 before the Fire Safety Code Board of Appeal and Review [hereinafter the Board], pursuant to Rhode Island General Laws [RIGL] section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Filippi, Pearson, Jackson, Sylvester, Booth and Thornton.
AUTHORITY HAVING JURISDICTION: Deputy State Fire Marshals Michael Macaruso and Bertrand Ledoux of the State Fire Marshals Office.
APPLICANT: Mark Keleher, Erin Crowley, Gene McGetrick and Janell Vaughan.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under RIGL chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Mark Keleher (authorized representative) of 26300 Cedar Road, Beachwood, OH dated April 9, 2018.
3.	The Application was received by the Board and File  180044 was opened on April 12, 2018.
4.	A hearing on the Application was conducted on May 1, 2018 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Sylvester and seconded by Commissioner Thornton to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  180044 and are pertinent to the decision rendered:

1.	Variance Application  180044 dated April 9, 2018 and filed on April 12, 2018.
2.	State Fire Marshals Office Inspection Report  22571 dated February 8, 2018.
3.	Letter of authorization for Mark Keleher from Josh Burrows of GGP dated March 9, 2018.
4.	Applicants [CCI] Plan of Action Report dated April 27, 2018.

EXHIBITS

The following documents were presented at the May 1, 2018 hearing as exhibits:

1.	AHJs revised deficiency status report (2 pages).
2.	Applicants Fire Alarm Replacement Phasing Request.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the February 8, 2018 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the May 1, 2018 hearing on this matter.  Accordingly, the Board hereby incorporates the February 8, 2018 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
2.	The building is an existing 14-story multiple/mixed use (Class A mercantile / shopping mall, theater, assembly and parking structure) occupancy consisting of approximately three million, nine hundred thirty-seven thousand nine hundred ninety-three (3,937,993) square feet (gross area) housing in excess of one hundred fifty (150) individual tenants and originally built in 1999.
3.	The building is of Type II (222) construction, has a compliant fire alarm system nearing the end of its useful life expectancy and is provided with an approved automatic sprinkler system throughout except as noted herein (open parking structure levels).
4.	There is no objection by the State Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	EGRESS: The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC sections 37.2.2.2.1 and 7.2.1 by repairing or replacing all defective rated doors throughout the facility, at the direction and to the satisfaction of the State Fire Marshal's Office.
2.	EMERGENCY LIGHTING: The Board hereby grants the Applicant a time variance of ninety (90) days to comply with the provisions of RILSC section 37.2.9 by providing this facility with approved emergency lighting in accordance with section 7.9, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	EGRESS MARKING: The Board hereby grants the Applicant the time variance outlined in item 2 above to comply with the provisions of RILSC section 37.2.10 by providing this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 37.1.1.3 and 4.6.12 by repairing and sealing all penetrations in fire rated-barriers throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	This deficiency has been corrected.
6.	FIRE ALARM SYSTEM: The Board grants the Applicant a time variance of five (5) years from the date of the decision to comply with the provisions of RILSC section 37.4.4.4 by implementing their plan of action for the phased replacement of the facilitys fire alarm system, at the direction and to the satisfaction of the State Fire Marshals Office.
7.	This deficiency has been corrected.
8.	This deficiency has been corrected.
9.	This deficiency will be corrected with the completion of item  6, above.
10.	This deficiency has been corrected.
11.	This deficiency has been corrected.
12.	This deficiency has been corrected.
13.	EGRESS MARKING: The Board hereby grants the Applicant a time variance of one hundred twenty (120) days to comply with the provisions of RILSC section 37.2.10 by providing the parking structure of this facility with approved exit signage in accordance with section 7.10, at the direction and to the satisfaction of the State Fire Marshals Office.
14.	This deficiency has been corrected.
15.	This deficiency has been corrected.
16.	This deficiency has been corrected.
17.	This deficiency will be corrected with the completion of item  6, above.
18.	PROTECTION FROM HAZARDS: The Board hereby grants the Applicant a time variance of one hundred eighty (180) days to comply with the provisions of RILSC sections 37.1.1.3 and 4.5.8 by repairing or replacing the fireproofing materials on the structural supporting members located throughout the facility, at the direction and to the satisfaction of the State Fire Marshals Office.
19.	EXTINGUISHMENT: The Board hereby grants the Applicant a variance from the provisions of RIFC section 13.3.2.26.2 by allowing the existing high-rise open parking structure to remain in use without requiring automatic sprinkler protection.  In granting this relief, the Board notes that a number of other code provisions that regulate existing open parking structures, including high-rise facilities, do not require sprinkler protection, i.e. RIFC section 29.1.1, RILSC sections 42.8.3.5 and 42.8.4, and NFPA 88A (2011) section 6.4.4.
20.	EMERGENCY GENERATORS: The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 9.1.3 and NFPA 110 (2010) by providing documentation of the emergency generator(s) maintenance and testing, at the direction and to the satisfaction of the State Fire Marshals Office.

In consideration of the relief granted herein, the Board further directs the Applicant to provide semi-annual updates regarding the progress of the fire alarm replacement phasing plan directly to the State Fire Marshal's Office, the first report being due on or before November 1, 2018.

Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

Finally, the Board hereby authorizes the State Fire Marshals Office to extend the above timeline(s) for good faith compliance efforts being demonstrated by the Applicant in accordance with the provisions of Blanket Variance  15-01A.

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in RIGL section 42-35-12 and represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  [See: Fire Safety Code [FSC] section 450-RICR-00-00-1.7.2(V)].
2.	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  [See: FSC section 450-RICR-00-00-1.7.2(W)].  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the FSC or a revision of the above-cited classification.  [See: FSC section 450-RICR-00-00-1.7.2(X)].
3.	Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in RIGL section 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  [See:  FSC section 450-RICR-00-00-1.7.2(Y)].
4.	In accordance with RIGL section 23-28.3-5(e), any person who violates a final order of the Board may be subject to prosecution in the District Court with possible imprisonment for a term not exceeding one (1) year, or fined not more than one thousand dollars (1000) for each offense.
5.	In accordance with RIGL section 42-35-12, the Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth Division of the District Court.  [See: FSC section 450-RICR-00-00-1.7.2(R)].  Commencement of such an action does not operate as an automatic stay of this Decision [See: RIGL section 42-35-15(c)].